RS (Effet des arrêts d'une cour constitutionnelle) (Independence of the judiciary - Lack of jurisdiction of a national court to examine the conformity with EU law - Judgment) [2022] EUECJ C-430/21 (22 February 2022)

RS (Effet des arrêts d'une cour constitutionnelle) (Independence of the judiciary - Lack of jurisdiction of a national court to examine the conformity with EU law - Judgment) [2022] EUECJ C-430/21 (22 February 2022)

National rules or practices that prevent ordinary courts from examining the compatibility of national legislation with EU law, where the constitutional court has found such legislation constitutional, are precluded by EU law. Similarly, national rules or practices exposing judges to disciplinary liability for...

Source-derived case information.

Citation
[2022] EUECJ C-430/21
Parties
Applicant: RS; Referring Court: Curtea de Apel Craiova (Court of Appeal, Craiova, Romania)
Jurisdiction
European Union
Judgment Date
22 February 2022
Procedural Posture
Preliminary Ruling (cjeu) / Judgment on Reference for Preliminary Ruling
Outcome
Reference answered; national rules or practices precluding ordinary courts from examining compatibility of national legislation with EU law, or exposing judges to disciplinary liability for applying EU law as interpreted by the CJEU, are precluded by EU law.
Legal Topics
Primacy of EU Law, Judicial Independence, Disciplinary Liability of Judges, Relationship Between National and EU Law, Preliminary Ruling Procedure
European Union Law Constitutional Law Judicial Independence Primacy of EU Law Disciplinary Liability of Judges Relationship Between National and EU Law Preliminary Ruling Procedure

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Parties

RS

Applicant

Curtea de Apel Craiova (Court of Appeal, Craiova, Romania)

Referring Court

Procedural Posture

Preliminary Ruling (cjeu) / Judgment on Reference for Preliminary Ruling

Legal Issues

  1. 1 Whether national rules or practice precluding ordinary courts from examining compatibility of national legislation with EU law, where the constitutional court has found such legislation constitutional, are compatible with EU law.
  2. 2 Whether national rules or practice exposing judges to disciplinary liability for applying EU law contrary to constitutional court case-law are compatible with EU law.

Ratio Decidendi

National rules or practices that prevent ordinary courts from examining the compatibility of national legislation with EU law, where the constitutional court has found such legislation constitutional, are precluded by EU law. Similarly, national rules or practices exposing judges to disciplinary liability for applying EU law as interpreted by the CJEU, contrary to constitutional court case-law, are precluded by EU law. This is required by the principles of primacy of EU law, judicial independence, and the effectiveness of the preliminary ruling procedure.

Court Disposition

Reference answered; national rules or practices precluding ordinary courts from examining compatibility of national legislation with EU law, or exposing judges to disciplinary liability for applying EU law as interpreted by the CJEU, are precluded by EU law.

Orders

  • The second subparagraph of Article 19(1) TEU, read with Article 2 and Article 4(2) and (3) TEU, Article 267 TFEU, and the principle of primacy of EU law, precludes national rules or practice under which ordinary courts have no jurisdiction to examine compatibility with EU law of national legislation found...
  • The same provisions preclude national rules or practice under which a judge may incur disciplinary liability for applying EU law as interpreted by the CJEU, departing from constitutional court case-law incompatible with the primacy of EU law.